For purposes of this division, the following words and terms
shall have the meaning ascribed to them in this section.
Hazardous materials.
Any quantity, group, form, or class of material designated
as hazardous material in any official publication of the Secretary
of Transportation of the United States under the authority of 49 U.S.C.A.,
section 171, et seq., as amended, including any such publication issued
after the effective date of this division.
Requiring placards.
The materials to be transported is hazardous and is in sufficient
quantity to require placarding in accordance with the Department of
Transportation Hazardous Materials Regulations (49 U.S.C.A., section
171, et seq., as amended), or in accordance with the Texas Transportation
Code, as amended, or regulations promulgated under the authority of
said code, as amended.
Transport.
To move any motor vehicle requiring placards upon any public
thoroughfare or highway.
(1992 Code, sec. 10.501)
No person shall knowingly transport hazardous materials or knowingly
cause hazardous materials to be transported upon any public street
and highway within the corporate limits of the city, except upon the
following:
(1) Those portions of Interstate Highway 20 and Interstate Highway 45
lying within the corporate limits of the city.
(2) That portion of any federal or state highway or public thoroughfare
used to reach a destination or a point of departure by the most direct
route within the corporate limits of the city.
(3) That portion of any federal or state highway or public thoroughfare
within the corporate limits of the city used to reach a destination
or point of departure by the most direct route within the Dallas-Fort
Worth Metropolitan area.
(1992 Code, sec. 10.502)
The operator of a vehicle used to transport hazardous materials
requiring placards shall:
(1) Apply and display appropriate placards meeting U.S. Department of
Transportation specifications; and
(2) Keep immediately accessible complete and adequate shipping papers
for the hazardous materials being shipped, which papers must specify:
(B) Destination or delivery point of the shipment;
(E) Proper identification number;
(F) Total quantity of material being shipped; and
(3) Before operation, inspect the vehicle and determine that:
(A) The brakes are in good working condition;
(B) The steering mechanism is in good working condition;
(C) The electrical wiring is well insulated and firmly secured;
(D) The required lights are operative;
(E) The vehicle is in a safe condition to transport hazardous materials;
(F) The fire extinguisher is fully charged and operational; and
(G) All emergency features on bulk transport carriers are installed and
operative as outlined in U.S. Department of Transportation specifications
and requirements.
(1992 Code, sec. 10.503)
It shall be presumed for purposes of prosecution under this
division that a transporting vehicle contains hazardous materials
if it bears a placard. It shall be a defense to prosecution under
this division that the transporting vehicle was empty.
(1992 Code, sec. 10.504)
Both the fire department of the city and the police department
are expressly authorized to enforce the provisions of this division.
(1992 Code, sec. 10.505)